Best for Britain Brexit-Reports-6.12.17-FINAL

Brexit is not a done deal: Article 50 is revocable
The UK’s triggering of Article 50 of the EU Lisbon Treaty in March 2017 started a two-year
process after which Britain should leave the EU. However, prior to 29 March 2019 Article
50 is revocable and Brexit is not inevitable. No Brexit is an option for the
country.
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The current government has stated that there is no way back from
triggering Article 50.
That reflects Conservative government policy, not legal fact or political
reality.
Article 50 does not prevent Britain from withdrawing its request to leave the
EU.
Legally, the letter from the UK government has only triggered the process,
and Parliament will need to vote on the final deal.
Politically, signals from EU leaders have made it clear that they would not
stand in the way if the UK revoked Article 50 before March 2019.
Lord Kerr 104 , author of Article 50, says that we can change our mind at any
time before March 2019. The UK still has a choice on Brexit.
The Government has a policy of not intending to revoke Article 50, but
legally and politically, nothing should stop the withdrawal of Article 50 if
that is what’s best for Britain.
What is the government saying?
The Government’s policy has been that Article 50 is a one-way ticket.
● Prime Minister Theresa May said “there can be no turning back” from triggering Article
50. 105
● As a spokesperson for the Department for Exiting the European Union said "Government
lawyers also made clear in legal proceedings before the High Court that, as a matter of firm
policy, notification of withdrawal will not be withdrawn." 106
● Former Justice Secretary Liz Truss said, "my understanding is that it is irrevocable." 107
However the government distanced themselves from that claim in February 2017. 108
● Secretary of State for Exiting the European Union, David Davis said "is it irrevocable? I
don't know." 109
What does the law say?
Legally, nothing prevents the UK from withdrawing their Article 50 notice before the end of the
two-year period.
● As long as the UK hasn’t formally left (currently in March 2019), there is nothing in Article 50
indicating that the UK cannot change its mind. The text says that a state has left after the
two-year negotiating period only. If it wants to re-join, it will need to apply like any third
country and go through the whole membership process. 110
● Article 50 provides for notification by a member state only of its “intention” to leave, not its
decision. Legally, the word “intention” cannot be interpreted as a final and irreversible
decision. You may withdraw an intention, change it, or transform it into a decision. 111
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